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YOUNG v. BECK

No. CV-10-0230-PR.

251 P.3d 380 (2011)

Amy YOUNG, Plaintiff/Appellee, v. Kenneth L. BECK and Barbara Beck, husband and wife, Defendants/Appellants.

Supreme Court of Arizona, En Banc.

April 5, 2011.

Attorney(s) appearing for the Case

Beale Micheaels & Slack PC By K. Thomas Slack , Tracy Gromer , Phoenix, Attorney for Amy Young.

Ehmann DeCiancio PLLC By Joel DeCiancio , Christopher Robbins , Tempe, and Diane M. Lucas PC By Diane M. Lucas , Michael S. Ferraro , Phoenix, Attorneys for Kenneth L. Beck and Barbara Beck.

Humphrey & Petersen PC By Andrew J. Petersen , Tucson, Attorney for Amicus Curiae Arizona Association of Defense Counsel.

Haralson Miller Pitt Feldman & McAnally PLC By Stanley G. Feldman , Tucson, and Gallagher & Kennedy P.A. By C. Lincoln Combs , Phoenix, Attorneys for Amici Curiae Arizona Association for Justice and Arizona Trial Lawyers Association.

OPINION

PELANDER, Justice.

¶ 1 We adopted the family purpose doctrine nearly a century ago in Benton v. Regeser, 20 Ariz. 273, 179 P. 966 (1919). In this case we address its continued validity and application. We consider whether the Legislature has statutorily abrogated the doctrine and, if not, whether this Court should abolish it. Finally, we consider whether the doctrine was properly applied in this case.

I.

¶ 2 The...

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